C S ROBERT Vs. M KANAGAPPAN

JUDGEMENT

(1.) THIS Review Application has been filed to review the judgment (29.04.2003) made in L.P.A.No.80 of 1998 pursuant to an observation made by the Hon'ble Supreme Court in S.L.P.(Civil)No.No.9764/2003 to approach this Court by way of review petition.

(2.) REVIEW Applicants are plaintiffs and respondents 1 to 4 herein are defendants before the Trial Court. For easy reference, parties are hereinafter referred to as arrayed in the original suit.

(3.) BY inviting the attention of this Court to the provisions of Canon Law, learned counsel appearing for plaintiffs submitted that it would apply only if there is a dedication and consecration of the Church. The dedication and consecration should be done as soon as the construction of Church is completed. In this regard, learned counsel referred to Can.1208, 1214, 1215, 1217, 1219, 1220 and 1221. In the instant case, the Church was constructed in 1867; but, immediately after construction of Church, no consecration and dedication was done. First document available is of the year 1902 i.e.the Order of Bishop of Trichirappalli, who had erected the stations of the Cross on 9th March 1902. This document, marked as Ex.B-16, would show that only there was a stationing of Cross and there was no dedication and consecration; but the learned single Judge as well as Division Bench misunderstood the erection of Stations of Cross itself as dedication and consecration, had come to the conclusion that the Church is a consecrated Church, and, as such, the Canon Law would apply.